Rochester Hills Birth Injury Lawyer

When a birth injury occurs, a family’s life is turned upside-down in an instant. Heartbroken parents must respond to unexpected and devastating challenges, facing an uncertain future. Instead of experiencing joy and happiness after the birth of a child, they are stressed and fearful.

You don’t have to figure it out alone. The experienced Rochester Hills birth injury team at Sommers Schwartz P.C. can help you understand your rights, connect you with helpful resources, and pursue compensation on your child’s behalf.

Michigan Birth Injury Statistics

During the 1990s, Michigan took significant steps to reduce infant mortality rates. Since the early 2000s, Michigan’s infant mortality rate has remained steady, claiming about 6.8 lives per 1,000 infants each year. These deaths are most often caused by conditions related to premature birth (31 percent) and congenital disabilities (15 percent).

Although the infant mortality rate has declined, many babies suffer severe injuries during the birth process. Birth injuries can cause temporary or permanent developmental delays, physical disabilities, and cognitive impairment.

Common Causes of Birth Injuries in Michigan

Childbirth can be unpredictable. Many things can threaten the health and well-being of both mother and baby during labor and delivery and contribute to birth injuries.

Delayed Birth

Pregnancy lasts an average of 40 weeks. An overdue or delayed birth increases the chances an infant will suffer oxygen deprivation or other injuries during labor. Generally, a woman’s care team will medically induce labor if her pregnancy continues past 41 weeks.

Medical Tool Injuries

Using vacuum extractors, forceps, and other tools during birth can help the infant pass through the birth canal safely. However, when these tools aren’t used properly, they can cause injuries like cuts, bruising, and brain bleeding.

Monitoring or Delivery Errors

The labor and delivery medical team has serious responsibilities. One of these is to monitor both mother and child closely for signs of medical issues or distress. Inadequate, insufficient monitoring is a common factor in many birth injury claims.

Oxygen Deprivation

An infant can suffer oxygen deprivation if the placenta becomes detached from the uterine wall or something impairs the flow of blood through the umbilical cord. Without enough oxygen, the infant’s brain cells and other vital tissues quickly begin to die. A University of Oxford study estimates that two in every 1,000 infants (0.2 percent) suffer severe oxygen deprivation during birth.

Common Types of Birth Injuries

About seven in every 1,000 live births in Michigan reports some type of birth injury. Common types of reported birth injuries include brain damage, nerve damage, and bone injuries.

• Brain injuries can result from oxygen deprivation, brain bleeds, swelling, or pressure on the brain. Tools like forceps can also cause them. Many brain injuries are permanent, requiring lifelong specialized care.
• Nerve injuries occur if the nerves are damaged as the infant passes through the birth canal. Common examples include Bell’s palsy and shoulder dystocia. While mild cases often heal over time, severe injuries can result in permanent damage.
• Bone injuries during birth can include fractured collarbones and other bone fractures or bruises. Collarbones are more likely to break if doctors use too much force to move the baby through the birth canal.

Other serious injuries can also occur during birth. Cerebral palsy, a group of conditions that affect movement and posture, is commonly linked to birth injuries. An experienced Rochester Hills injury lawyer can help you “connect the dots” to hold your childbirth team accountable for your child’s injuries.

Steps in a Michigan Birth Injury Case

Michigan has specific rules for medical malpractice claims, including birth injury claims. These include time limits, certification requirements, and limits on recoverable damages.

Time Limits

Michigan’s statute of limitations establishes how long you have to file a lawsuit after an occurrence.

In most medical malpractice cases, the time limit is two years after the date of injury. However, the Michigan legislatures recognized that infants can’t file their own cases and created exceptions for children who are injured as minors.

These exceptions can be difficult to understand. An experienced attorney can help you determine the time limits that apply to your case and explore all avenues to pursue compensation.

Certifications

Unlike many other personal injury claims in Michigan, medical malpractice claims (including birth injury claims) must comply with the state’s “notice of intent” (NOI) requirement. This rule requires a NOI to be sent before you file a lawsuit. It must contain specific information and be sent to every party named in the case.

Meeting this requirement can be tough, but failing to meet it can end your case entirely. When you work with an experienced attorney, your lawyer will handle the NOI and ensure it is fully compliant.

Compensation

Compensation in a birth injury case focuses on what your child needs now and in the future. You can recover compensation for your child’s current and future medical bills, loss of earning capacity, and other necessary expenses. These are called “economic damages.” There are no limits on the amount of economic damages you can recover.

You may also be entitled to compensation for non-economic damages like pain and suffering and emotional distress. Michigan has two “caps” that limit the amount of non-economic damages in medical malpractice claims. The most severe losses may qualify for the higher cap to apply. An experienced attorney can help you argue for the maximum compensation your child deserves.

How to Protect Your Birth Injury Claim

Pursuing a birth injury lawsuit can be complex, stressful, and expensive. Doctors, hospitals, and insurers fight aggressively to avoid being held liable for a birth injury. Medical providers have teams of attorneys and a wealth of resources to defend these lawsuits. You need an experienced attorney on your side to fight for your rights.

You can take two steps today if you’re ready to start the journey.

Step One: Compile a File

First, collect and compile all the paperwork related to your child’s birth and medical treatment. If possible, make both a printed and digital copy of this paperwork.

Examples of paperwork to save include:

• Encounter forms, records, and reports from your child’s doctor visits.
• Medical bills related to your child’s injuries, including any bills from hospital stays, surgeries, prescriptions, and medical equipment (even if your insurance paid them).
• Receipts for any medical purchases you’ve made for your child, such as medications or medical equipment.
• Receipts for any other expenses you’ve incurred due to your child’s injuries, such as modifications to your home or vehicle.
• Transportation costs for taking your child to appointments. If you drive your own car, keep track of the mileage to and from appointments. If you use ridesharing or public transportation, keep track of your spending.

Step Two: Retain an Experienced Birth Injury Attorney

Next, look for an experienced Rochester Hills birth injury lawyer. When looking for an attorney:

• Focus on firms with experience handling birth injury claims.
• Schedule a free, confidential consultation with an experienced law firm.
• Ask any questions you have during the consultation. Listen for an attorney who answers your questions in a way you understand.
• Ask about payments. Experienced birth injury lawyers will ensure you understand how the attorney is paid before signing any paperwork.

Your birth injury lawyer will be your ally both during your child’s case and in the future. Choose an attorney you’re comfortable with and look forward to working with.

Work With an Experienced Rochester Hills Birth Injury Attorney

A birth injury raises many questions. How will you give your child what they need and deserve? How will you pay for the specialized care they require? How will you ensure your child has access to education and can maximize their life experiences? What will happen when you can no longer care for them?

These fears are shared by every parent whose child faces significant challenges after a birth injury. You’re not alone, and there is hope.

Talk to the experienced Rochester Hills birth injury lawyers at Sommers Schwartz, P.C., today. We understand your fierce love and devotion to your child. We know you’re committed to doing whatever it takes to give your child the best possible life and provide for their future. Don’t try to manage your child’s injury case on your own. Talk to an experienced attorney for assistance.

Schedule a free, confidential consultation with a Sommers Schwartz birth injury lawyer to learn more about your child’s rights and options under Michigan law. Our compassionate, dedicated legal team will provide essential support and fight for the compensation your child deserves. Contact us today to learn more.